Program Guidelines 2019-2020 Special Education Consolidated Grant Application - Texas Education Agency

 
REQUEST FOR APPLICATION

           Program Guidelines
   2019-2020 Special Education
           Consolidated Grant
                   Application
     Authorized by the Individuals with Disabilities Education Act
   (IDEA), as amended by the IDEA Improvement Act of 2004,
  Public Law 108-446, Part B, Part C, and Part D; and the General
     Appropriations Act (GAA), Article III, 86th Texas Legislature,
                                                  Riders 13 and 15

                          Application Closing Date---5:00 p.m., Central Time
                                                          September 3, 2019
PROGRAM GUIDELINES

                                    TEXAS EDUCATION AGENCY

                      Special Populations Division, IDEA Support
                              1701 North Congress Avenue
                                  Austin, Texas 78701

                        © Copyright 2019 by the Texas Education Agency. All Rights Reserved.

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Contents
Introduction to the Program Guidelines .................................................................................................. 5
   Requirement for User Name and Password ............................................................................................................................ 5
   Application Submission through eGrants ............................................................................................................................... 5
   Reference to the General and Fiscal Guidelines ...................................................................................................................... 6
   US Department of Education Appropriations ......................................................................................................................... 6
       IDEA-B Formula .................................................................................................................................................................. 6
       IDEA-B Preschool ................................................................................................................................................................ 7
       IDEA-D Deaf-Blind .............................................................................................................................................................. 7
       State Supplemental Visually Impaired (SSVI) .................................................................................................................... 7
       IDEA-B Discretionary Deaf ................................................................................................................................................. 7
       State Deaf .............................................................................................................................................................................8
       IDEA-C Early Childhood Intervention ................................................................................................................................8
Grant Timeline ....................................................................................................................................... 8
Grant at a Glance .................................................................................................................................... 8
   Authorizing Legislation ............................................................................................................................................................8
   Purpose of Program ..................................................................................................................................................................8
   Eligible Applicants .................................................................................................................................................................... 9
       Eligibility List ....................................................................................................................................................................... 9
       Shared Services Arrangement ............................................................................................................................................. 9
       More Than One Campus .................................................................................................................................................... 10
   Application Funding ............................................................................................................................................................... 10
       Carryover ............................................................................................................................................................................ 10
       Cost Share or Matching Requirement ............................................................................................................................... 10
       Pre-Award Costs ..................................................................................................................................................................11
Applicant Assistance .............................................................................................................................. 11
   Contacts for Clarifying Information........................................................................................................................................ 11
       Program Contact .................................................................................................................................................................11
       Funding Contact ..................................................................................................................................................................11
   Errata Notices ..........................................................................................................................................................................11
   Email Bulletins.........................................................................................................................................................................11
Program Elements.................................................................................................................................. 11
   Program Description .............................................................................................................................................................. 12
       IDEA-B Formula ................................................................................................................................................................ 12
       IDEA-B Preschool .............................................................................................................................................................. 13
       IDEA-D Deaf-Blind ............................................................................................................................................................ 13
       State Supplemental Visually Impaired – SSVI ................................................................................................................. 13
       State Deaf ........................................................................................................................................................................... 14
       IDEA-B Discretionary Deaf ............................................................................................................................................... 14
       IDEA-C Early Childhood Intervention Deaf – IDEA-C ECI ............................................................................................. 14
   Supplement, Not Supplant ..................................................................................................................................................... 15
   Limitation of Administrative Funds ...................................................................................................................................... 15
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       Direct Administrative Costs ............................................................................................................................................... 15
       Indirect Administrative Costs ............................................................................................................................................16
   Application Requirements and Assurances ...........................................................................................................................16
       Statutory Requirements .....................................................................................................................................................16
       TEA Program Requirements ............................................................................................................................................. 23
       Program-Specific Assurances ............................................................................................................................................ 23
   Allowable Activities and Use of Funds .................................................................................................................................. 23
       Field Trips .......................................................................................................................................................................... 23
       Advisory Council ................................................................................................................................................................ 23
       Out-of-State Travel ............................................................................................................................................................ 24
       General Allowable Activities and Use of Funds ................................................................................................................ 24
   Unallowable Activities and Use of Funds ...............................................................................................................................27
   Program Evaluation ............................................................................................................................................................... 28
   Performance Measures .......................................................................................................................................................... 28
   Critical Success Factors.......................................................................................................................................................... 28
   Milestones .............................................................................................................................................................................. 28
   Limits on Contracted Evaluators ........................................................................................................................................... 29
   Federal Grant Requirements ................................................................................................................................................. 29
       Equitable Access and Participation................................................................................................................................... 29
       Private Nonprofit School Participation ............................................................................................................................ 29
       Maintenance of Effort........................................................................................................................................................ 33
Application Elements ............................................................................................................................ 33
   Attachments ........................................................................................................................................................................... 33
       Fiscal-Related Documentation Required to be on File .................................................................................................... 34
       Required Fiscal-Related Attachments .............................................................................................................................. 34
       Required Program-Related Attachments ......................................................................................................................... 34
       Adding Attachments .......................................................................................................................................................... 34
Reference Material and Appendixes ...................................................................................................... 35
   Appendix A. Allowable and Unallowable Expenditures ....................................................................................................... 35
       Payroll Costs - Class/Object Code 6100 ........................................................................................................................... 35
       Professional and Contracted Services - Class/Object Code 6200 ................................................................................... 42
       Supplies and Materials - Class/Object Code 6300 ............................................................................................................47
       Other Operating Costs - Class/Object Code 6400............................................................................................................ 54
       Debt Service - Class/Object Code 6500 ............................................................................................................................ 59
       Capital Outlay - Class/Object Code 663X/6649 ...............................................................................................................61
       Building Purchase, Construction, or Improvements - Class/Object Code 6629 ............................................................ 68
   Appendix B. Proportionate Share Calculation ..................................................................................................................... 68
       IDEA-B Formula Calculation for Proportionate Share .................................................................................................... 68
       IDEA-B Preschool Calculation for Proportionate Share .................................................................................................. 69

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PROGRAM GUIDELINES

         Introduction to the Program
                           Guidelines
TEA, as the pass-through entity 1, is the grantee 2 from the U.S. Department of Education (USDE) and
TEA awards subgrants to non-federal entities 3 such as local educational agencies (LEAs), including
school districts, charter schools, and education service centers, and to a lesser degree institutions of
higher education (IHEs), and nonprofit organizations (NPOs) who are the agency’s subgrantees 4. These
guidelines apply to all subgrantees of TEA, regardless of whether referenced herein as subgrantee or
grantee. For purposes of this document, TEA may use the terms grantee and subgrantee synonymously
for its subrecipients.
This part of the request for application (RFA), Program Guidelines, is to be used in conjunction with the
General and Fiscal Guidelines and the schedule instructions. The Standard Application System (SAS)
consists of all schedules (i.e., forms) to be completed in order for the applicant to be eligible for funding.
The application to which these instructions refer must be submitted electronically through the eGrants
system.
For applicants selected for funding, all guidelines and instructions will be incorporated by reference
into the Notice of Grant Award (NOGA).

Requirement for User Name and Password
To access eGrants and apply for this grant, you must have access to the TEA Login (TEAL). Follow these
steps to apply for a user name and password on TEAL:
    1.   Visit the TEA Login (TEAL) page of the TEA website. Select Request New User Account to begin
         the process of applying for a TEAL account online.
    2.   Once you have been assigned a TEA Login (TEAL) account, log into TEAL and under Self-
         Service select My Application Accounts.

1
 Pass-through entity is defined as a non-Federal entity that provides a subaward to a subrecipient to carry out
part of a federal program. (2 CFR 200.74)
2
  Grantee is defined as the legal entity to which a grant is awarded and that is accountable to the federal
government for the use of the funds provided. The term “grantee” does not include any secondary recipients, such
as subgrantees and contractors that may receive funds from a grantee. (34 CFR 77)
3
 Non-federal entity is defined as a state, local government, Indian tribe, institution of higher education, or
nonprofit organization that carries out a federal award as a recipient or subrecipient. (2 CFR 200.69)
4
  Subgrantee is defined by TEA to be the same as a subrecipient which is defined as a non-federal entity that
receives a subaward from a pass-through entity to carry out part of a federal program; but does not include an
individual that is a beneficiary of such program. (2 CFR 200.93) Subgrantee is defined in 34 CFR 77 as the legal
entity to which a subgrant is awarded and that is accountable to the grantee for the use of the funds provided.

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  3.   The My Accounts tab will open. Select Request New Account and find eGrants in the list and
       follow the instructions to submit your request.

Application Submission through eGrants
Submit the application for these grant programs electronically through the TEA eGrants system. Refer
to the General and Fiscal Guidelines for more specific information about accessing eGrants and
obtaining the required TEAL user ID and password.

Applications must be submitted as follows:

   •   Those submitted by public LEAs must be signed electronically by the superintendent of the
       school district or a designee.
   •   Applications submitted by regional Education Service Centers (ESCs) must be signed
       electronically by the executive director or a designee.
   •   Applications submitted by open-enrollment charter schools must be signed electronically by the
       chief operating officer of the school.
   •   Campuses and campus charter schools must apply through their public school district, and the
       application must be signed electronically by the superintendent or designee.

Reference to the General and Fiscal Guidelines
The Program Guidelines provide information specifically relevant to this grant program. The General
and Fiscal Guidelines provide information relevant to all TEA grant programs. Throughout the Program
Guidelines, cross-references are given to applicable sections of the General and Fiscal Guidelines. It is
critical that you review all referenced sections of the General and Fiscal Guidelines when
preparing your application.

US Department of Education Appropriations
The following is provided in compliance with the US Department of Education Appropriations Act:

IDEA-B Formula
                              Category                                            Amount

   Total funds available for this project                                Approximately $942,972,250
   Percentage to be financed with federal funds                                                   100%
   Amount of federal funds                                                              $942,972,250
   Percentage to be financed from nonfederal sources                                                0%
   Amount of nonfederal funds                                                                        $0

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IDEA-B Preschool
                              Category                                            Amount

 Total funds available for this project                                     Approximately $18,013,415
 Percentage to be financed with federal funds                                                      100%
 Amount of federal funds                                                                   $18,013,415
 Percentage to be financed from nonfederal sources                                                    0%
 Amount of nonfederal funds                                                                           $0

IDEA-D Deaf-Blind
                              Category                                            Amount

  Total funds available for this project                                      Approximately $575,000
  Percentage to be financed with federal funds                                                    100%
  Amount of federal funds                                                     Approximately $575,000
  Percentage to be financed from nonfederal sources                                                 0%
  Amount of nonfederal funds                                                                         $0

State Supplemental Visually Impaired (SSVI)
                              Category                                            Amount

  Total funds available for this project                                      Approximately $115,377
  Percentage to be financed with federal funds                                                      0%
  Amount of federal funds                                                                            $0
  Percentage to be financed from nonfederal sources                                               100%
  Amount of nonfederal funds                                                  Approximately $115,377

IDEA-B Discretionary Deaf
                              Category                                            Amount

  Total funds available for this project                                    Approximately $6,200,000
  Percentage to be financed with federal funds                                                    100%
  Amount of federal funds                                                   Approximately $6,200,000
  Percentage to be financed from nonfederal sources                                                 0%
  Amount of nonfederal funds                                                                         $0

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State Deaf
                              Category                                             Amount

   Total funds available for this project                                                   $33,133,200
   Percentage to be financed with federal funds                                                       0%
   Amount of federal funds                                                                             $0
   Percentage to be financed from nonfederal sources                                                100%
   Amount of nonfederal funds                                                               $33,133,200

IDEA-C Early Childhood Intervention
                              Category                                              Amount

  Total funds available for this project                                          Approximately $85,373
  Percentage to be financed with federal funds                                                       100%
  Amount of federal funds                                                         Approximately $85,373
  Percentage to be financed from nonfederal sources                                                     0%
  Amount of nonfederal funds                                                                            $0

                                                     Grant Timeline
For all dates related to the grant, including reporting dates, see the TEA Grant Opportunities page. If a
report due date falls on a weekend or holiday, the report will be due the following business day. All
dates except the grant ending date may vary slightly as conditions require.

                                              Grant at a Glance
This section provides fundamental information pertinent to the grant program.

Authorizing Legislation
Grants in the Special Education Consolidated Grant Application are authorized by the IDEA, as
amended by the IDEA Improvement Act of 2004, Public Law (P. L.) 108-446, Part B, Part C, and Part
D; and the GAA, Article III, 86th Texas Legislature, Riders 13 and 15.

Purpose of Program
Please refer to the Program Description section.

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Eligible Applicants
See the General and Fiscal Guidelines, Eligibility Requirements.

                     Program                                       Eligible Applicants

 IDEA-B Formula                                     LEAs, fiscal agents, and state agencies
                                                    operating education programs
 IDEA-B Preschool                                   LEAs, fiscal agents, and state agencies
                                                    operating education programs
 IDEA-D Deaf-Blind                                  Texas School for the Blind and Visually
                                                    Impaired (TSBVI)
 Statewide Services for Students With Visual        TSBVI
 Impairments (SSVI)
 Regional Day Schools for the Deaf (State Deaf)     Regional Day Schools for the Deaf fiscal agents
 IDEA-B Discretionary Deaf                          Regional Day Schools for the Deaf fiscal agents
                                                    and Texas School for the Deaf (TSD)
 IDEA-C Early Childhood Intervention (IDEA-C        Regional Day Schools for the Deaf fiscal agents
 ECI)                                               and TSD

Eligibility List
Eligible applicants and planning amounts for the 2019-2020 Special Education Consolidated Grant
Application can be viewed at Entitlements, Federal Fiscal Compliance and Reporting Division.

Shared Services Arrangement
See the General and Fiscal Guidelines, Shared Services Arrangements.
Shared services arrangements (SSAs) are allowed for all grants in the Special Education Consolidated
Grant Application except IDEA-D and SSVI. In addition to the guidance provided in the General and
Fiscal Guidelines, the following requirements also apply to grants in the Special Education Consolidated
Grant Application.
The SSA shall determine in advance and in writing as part of the SSA agreement how eligible carryover
funds will be distributed if a member LEA leaves the arrangement or if the arrangement dissolves. The
SSA and its members are charged with handling the accounting and documentation of any transfers of
funds resulting from a member LEA leaving the SSA or an SSA dissolving. Upon request,
documentation of any such transfers must be made available to TEA.
A copy of the written agreement (SSA contract) and an attorney certification letter must be submitted to
the Division of Federal Fiscal Compliance and Reporting by June 1. The fiscal agent must also
maintain on file a copy of the SSA agreement/contract for audit or monitoring purposes.
When SSA configurations change, the fiscal agent and the affected member districts (i.e., the member
district leaving or joining the SSA) must submit a notification letter to the Division of Federal Fiscal
Compliance and Reporting by February 1 for changes that will become effective for the next school year.
The revised contract for Special Education programs must be submitted to the Division of Federal
Fiscal Compliance and Reporting by June 1 as well as the Regional Day School Programs for the Deaf,

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(RDSPD) revised contracts to the Division of IDEA Support by June 1. This includes both Special
Education and RDSPD SSAs.
Special Education SSA guidance can be found on the Division of Federal Fiscal Compliance and
Reporting IDEA Fiscal Compliance page.
RDSPD SSA guidance can be found under State Guidance on the Sensory Impairments page.
TEA will not approve the Special Education Consolidated Grant Application for the new school year
until the new or revised SSA contract has been received.

More Than One Campus
Eligible applicants may not apply for the grant on behalf of more than one campus.

Application Funding
See the following sections of the General and Fiscal Guidelines:
 Grant Funding
 Continuation Funding
 Fund Management
 Use of Funds

Carryover
LEAs are cautioned that all carryover funds must be expended by the end of the carryover project
period or these carryover funds will lapse. The following grants allow carryover:
 IDEA-B Formula
 IDEA-B Preschool
 IDEA-B Discretionary Deaf
The following grants do not allow carryover:
 IDEA-D Deaf-Blind
 IDEA-C Early Childhood Intervention (Deaf)
 State Deaf
 SSVI

Cost Share or Matching Requirement
See the General and Fiscal Guidelines, Cost Share/Match Requirement.
There is no cost share or matching requirement for any grants in the Special Education Consolidated
Grant Application. However, districts should be aware of the IDEA Maintenance of Effort (MOE)
requirements.

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Pre-Award Costs
See the General and Fiscal Guidelines, Pre-Award Costs.
Pre-award costs are allowed for the following grants in the Special Education Consolidated Grant
Application from September 1, 2019, to the stamp-in date.
 State Deaf
 SSVI
Pre-award costs are allowed for the following grant in the Special Education Consolidated Grant
Application from October 1, 2019, to the stamp-in date.
 IDEA-D Deaf-Blind

                                 Applicant Assistance
The following types of assistance are available to applicants for this grant program.

Contacts for Clarifying Information
See the General and Fiscal Guidelines, TEA Contacts.

       Program Contact
               Special Education Programs Division
               tammy.pearcy@tea.texas.gov
               Phone: (512) 463-9414
               Fax: (512) 463-9560

       Funding Contact
               Grants Administration
               Sarah Averill, Grant Manager
               sarah.averill@tea.texas.gov
               Phone: (512) 463-8525
               Fax: (512) 463-8911

Errata Notices
See the General and Fiscal Guidelines, Errata Notices.

Email Bulletins
See the General and Fiscal Guidelines, Email Bulletins.

                                        Program Elements
This section provides detailed information about the grant program.
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Program Description
The grants in the Special Education Consolidated Grant Application provide financial assistance to local
educational agencies to help them ensure that:
 They identify and provide a free appropriate public education to students with disabilities who are
  eligible for special education and related services.
 They protect the rights of students with disabilities and the rights of their parents.
 They design individualized education programs that meet the needs of students with disabilities and
  that prepare those students for further education, employment, and independent living.
LEAs will do the following:
 IDEA-B: Provide special education and related services to children with disabilities ages 3–21.
 IDEA-B Preschool: Provide special education and related services to children with disabilities ages
  3–5.
 IDEA-D: Provide technical assistance and dissemination to improve services and results for
  children with disabilities who are deaf and blind.
 SSVI: Provide services to students who are blind or visually impaired.
 State Deaf: Provide educational services to students ages 0-21 who are deaf or hard of hearing
  enrolled in RDSPDs.
 IDEA-B Discretionary Deaf: Provide educational services to students ages 3-21 who are deaf or hard
  of hearing enrolled in RDSPDs.
 IDEA-C: Carry out programs that provide early intervention services to infants and toddlers with
  auditory impairments ages 0-2.

IDEA-B Formula
The purpose of IDEA-B is to provide special education and related services to children with disabilities
ages 3–21. The regulations implementing IDEA-B define the purpose of the act as a means to do the
following:
 Ensure that all students with disabilities have available a free, appropriate public education (FAPE)
  that includes special education and related services to meet their unique needs.
 Ensure that the rights of students with disabilities and of their parents are protected.
 Assist states and localities in providing for the education of all students with disabilities.
 Assess and ensure the effectiveness of efforts to educate those students.
This allocation (for both planning and final amounts) is awarded by TEA based on three components:
base, population, and poverty:
 The base amount is a frozen amount adjusted by statute as varying circumstances occur.
 The population amount is 85% of the remaining funds available from the Federal government for
  flow-through funds to the LEAs. This amount is based on the relative number of children enrolled in
  public and private elementary and secondary schools within the LEA’s jurisdiction.

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 The poverty amount is 15% of the remaining funds available from the Federal government for
  flow-through funds to the LEAs. This amount is based on the relative numbers of children living in
  poverty.
Authority: IDEA, P.L. 108-446, Part B, Sec 611; 34 CFR Part 300; EDGAR as applicable; 2 CFR as
applicable

IDEA-B Preschool
In addition to IDEA-B Formula funds, the regulations implementing the IDEA-B Preschool funds
define the purpose as a means to supplement and increase services beyond the level of State and local
funds expended for preschool students ages 3–5 with disabilities.
This allocation for both planning and final amounts is awarded by TEA, based on three components, if
funding is available: base, population, and poverty:
 The base amount is a frozen amount adjusted by statute as varying circumstances occur.
 The population amount is 85% of the remaining funds available from the Federal government for
  flow-through funds to the LEAs. This amount is based on the relative number of children enrolled in
  public and private elementary schools within the LEA’s jurisdiction.
 The poverty amount is 15% of the remaining funds available from the Federal government for
  flow-through funds to the LEAs. This amount is based on the relative numbers of children living in
  poverty.
Authority: IDEA, P.L. 108-446, Part B, Sec 619; 34 CFR Part 300; EDGAR as applicable; 2 CFR as
applicable

IDEA-D Deaf-Blind
The purpose of IDEA-D funds is to provide technical assistance and dissemination to improve services
and results for children with deaf-blindness. The purpose of this program is to promote academic
achievement and improve results for children with disabilities by providing technical assistance and
model demonstration projects, disseminating useful information, and implementing activities that are
supported by scientifically based research. IDEA includes provisions designed to ensure that each child
with a disability is provided a high-quality individual program of services to meet his or her
developmental and educational needs. For children who are deaf-blind to receive such services,
intensive technical assistance is made available to the LEA, parents, and professionals (Sections 661
and CFDA 84.326T).
TEA is awarded funds through a five-year competitive grant program titled Technical Assistance to
State Deaf-Blind Projects, administered by the USDE, Office of Special Education Programs (OSEP).
The project is administered by TEA through the TSBVI.
Authority: IDEA, P.L. 108-446, Part D; 34 CFR Part 300; EDGAR as applicable; 2 CFR as applicable

State Supplemental Visually Impaired – SSVI
SSVI funds are Foundation School Program funds that are designated to provide services unique to
students with visual impairments. They are awarded to the TSBVI to fund a component for students
who are blind or visually impaired.

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SSVI Foundation School Program funds are allocated to provide services unique to students who are
blind or visually impaired. The purposes of the SSVI grant are to improve the achievement of all
students who are blind or visually impaired and to ensure that comprehensive services are available to
all students who are blind or visually impaired. TSBVI historically has expended these funds for
statewide outreach services to students in local district programs (Texas Education Code [TEC]
30.002).
Authority: TEC 30.002(g); GAA, Article III, 86th Texas Legislature, Rider 15

State Deaf
The purpose of State Deaf funds is to provide educational services for students who are deaf or hard of
hearing enrolled in an RDSPD. RDSPD State Foundation School Program funds are allocated to RDSPD
fiscal agents for the purpose of providing educational services, including continuing diagnosis and
evaluation, counseling, and teaching, for students who are deaf or hard of hearing (TEC 30.083).
This appropriation is distributed to RDSPD fiscal agents based on the number of weighted full-time
equivalent students served.
Per TEC 30.085, Use of Local Resources, local resources shall be used to the fullest practicable extent in
the establishment and operation of the regional day school programs for the deaf.
Authority: TEC 30.085, 30.087(a) and (b); GAA, Article III, 86th Texas Legislature, Rider 13

IDEA-B Discretionary Deaf
The purpose of this grant is to provide educational services to students ages 3-21 who are deaf or hard
of hearing enrolled in an RDSPD, and information to families to facilitate family involvement in the
education of their deaf and hard of hearing children.
TEA awards each RDSPD a final amount. These amounts are based on the following:
   •   Deaf students enrolled in an RDSPD ages 3-21 in the state of Texas
   •   Amounts previously allocated to individual RDSPD through IDEA-B Formula Deaf
   •   Amounts previously allocated to individual RDSPD through IDEA-B Preschool Deaf
Authority: IDEA, P.L. 108-446, Part B, Sec 611; 34 CFR Part 300; EDGAR as applicable; 2 CFR as
applicable

IDEA-C Early Childhood Intervention Deaf – IDEA-C ECI
The purpose of IDEA-C is to carry out programs that provide early intervention services for infants and
toddlers enrolled in an RDSPD or the TSD who are deaf or hard of hearing and for their families.
The regulations implementing IDEA-C authorize early intervention services to infants and toddlers with
disabilities and to their families. Early Intervention Services under Part C are separate and distinct
from the Part B Coordinated Early Intervening Services (CEIS) that LEAs may provide to children who
have not been identified as eligible children with disabilities or the Comprehensive Coordinated Early
Intervening Services (CCEIS) that LEAs must provide to children when found to have significant
disproportionality in identification, placement, and/or disciplinary removals. Part C funds target
individuals who are under three years of age and who need early intervention services because they are
experiencing a developmental delay. Part C is a family-based rather than a school-based program of
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services. These include family-oriented services such as family training, family counseling, and home
visits (Part C, Sections 631 and 632). A portion of the funds serves children with auditory impairments,
birth through two, who are receiving services through the RDSPD or TSD.
This allocation is based on the number of children from birth through age two who are deaf or hard of
hearing and were reported on the October PEIMS snapshot from the previous school year. These funds
are available only to RDSPD fiscal agents and the TSD through an interagency contract between TEA
and the Texas Health and Human Services Commission (HHSC).
Authority: IDEA, P.L. 108-446, Part C; 34 CFR Part 300; EDGAR as applicable; 2 CFR as applicable

Supplement, Not Supplant
For supplement, not supplant guidance, see Supplement, Not Supplant Handbook.
The supplement, not supplant provision applies to all federal grant programs within this grant
application.
Under IDEA, section 613(a)(2)(A)(ii) (34 CFR 300.202[a][3]) (supplement/not supplant), Part B funds
must be used to supplement state, local, and other Federal funds and not to supplant those funds. If the
LEA maintains (or exceeds) its level of local—or state and local—expenditures for special education and
related services from year to year, either in total or per capita, then the Part B funds are, in fact,
supplementing those local—or state and local—expenditures, and the LEA has met its MOE and
supplement/not supplant requirements.
Before 1992, the Part B regulations also included a “particular cost test” for determining whether
supplanting occurred. This requirement meant, for example, that if an LEA spent Part B funds to pay
for a teacher’s salary that was previously paid for with state or local funds, a supplanting violation
would occur, even though the total amount of state and local funds spent on special education is greater
than the amount spent the previous year. At that time, an LEA could maintain effort but still violate the
supplement/not supplant provision. The “particular cost test” was removed from the regulations by an
amendment published in the Federal Register (FR) on August 19, 1992 (37 FR 37652), and that became
effective on October 3, 1992. Therefore, no requirement currently exists related to supplanting
“particular costs” and if an LEA maintains local—or state and local—effort, it will not violate the
supplement/not supplant requirements of the IDEA.

Limitation of Administrative Funds
See the General and Fiscal Guidelines, Administrative Costs.
NOTE: Administrative funds include both direct administrative costs and allowable indirect costs.

Direct Administrative Costs
TEA does not permit direct administrative costs for any grants in the 2019-2020 Special Education
Consolidated Grant Application.

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Indirect Administrative Costs
For federally funded grants within the Special Education Consolidated Application, the grantee may
claim a maximum for indirect costs equal to its current approved restricted indirect cost rate.
For state-funded grants within the Special Education Consolidated Application, the grantee may claim a
maximum for indirect costs equal to the lesser of its current, approved restricted indirect cost rate or
15%.

Application Requirements and Assurances
This section describes the two types of requirements that applicants must address in the application
(such as with a narrative description, an activity timeline, or a checklist) to be eligible to be considered
for funding:
 Statutory requirements (requirements defined in the authorizing statute)
 TEA program requirements (requirements defined by TEA program staff)

Statutory Requirements
See the General and Fiscal Guidelines, Statutory Requirements.
Per TEC 22.0834, any person offered employment by any entity that contracts with TEA or receives
grant funds administered by TEA (i.e., a grantee or subgrantee) is subject to the fingerprinting
requirement. TEA is prohibited from awarding grant funds to any entity, including nonprofit
organizations, that fails to comply with this requirement. For details, refer to the General and Fiscal
Guidelines, Fingerprinting Requirement.
The following requirements are defined in the statute that authorizes this program. The applicant must
address each of these requirements in the application to be considered for funding:
IDEA-B Formula
Federal regulations stipulate that each program must demonstrate that it meets the excess cost
requirements of IDEA-B. The excess cost requirement prevents an LEA from using funds provided
under Part B of the act to pay for all the costs directly attributable to the education of a child with a
disability. An LEA meets the excess cost requirement if it has spent at least a minimum average amount
for the education of its children with disabilities before funds under Part B of the act are used (34 CFR
300.202).
IDEA-B funds must be used to supplement and in no case to supplant the level of State and local funds
expended for the education of students with disabilities. Explore all available fund sources before
making a decision to expend IDEA-B funds.
Priorities for these funds are based on local needs.
The applicant agency is responsible for setting aside 25% of its IDEA-B Formula base planning amount
for residential placement costs. The 25% set-aside is applied to both related services and residential
(room, board, and other daily care) costs. If the applicant agency fails to set aside the necessary 25%, it
guarantees an equivalent amount of state and/or local funds to meet residential placement costs that
may occur (19 Texas Administrative Code [TAC] 89.61[b][2][B]).

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The 25% set-aside for a member district in an SSA will be calculated on the member district’s base
planning amount unless otherwise specified in the SSA agreement.
IDEA-B Preschool
Federal regulations stipulate that each program must demonstrate that it meets the excess cost
requirements of IDEA-B. The excess cost requirement prevents an LEA from using funds provided
under Part B of the act to pay for all the costs directly attributable to the education of a child with a
disability. An LEA meets the excess cost requirement if it has spent at least a minimum average amount
for the education of its children with disabilities before funds under Part B of the act are used (34 CFR
300.202).
IDEA-B Preschool funds must be used to supplement and in no case to supplant the level of state and
local funds expended for the education of students ages 3–5 with disabilities. Explore all available fund
sources before making a decision to expend IDEA-B funds.
These funds may not be used to provide any services to students before their third birthday. However,
pre-assessments may be funded with IDEA-B Formula funds.
The priority for these funds is to provide all students with disabilities ages 3–5 with a comprehensive
program that meets their individual needs. These funds allow an applicant agency to expand and extend
services already available to these students.
Coordinated Early Intervening Services (CEIS) and Comprehensive Coordinated Early Intervening
Services (CCEIS)
You may use up to 15% of IDEA-B Formula and/or Preschool funds for any fiscal year to develop and
implement coordinated early intervening services for students in Kindergarten through Grade 12 (with
a particular emphasis on students in Kindergarten through Grade 3) who are not currently identified as
needing special education or related services but who need additional academic and behavioral support
to succeed in a general education environment (20 U.S.C. 1413[f], 34 CFR 300.226). If preschool funds
are reserved, the funds may not be spent on preschool children; the preschool funds may be spent on
nondisabled, struggling children grades K through 12 for CEIS purposes.
LEAs that are identified with significant disproportionality based on race or ethnicity must reserve
the maximum amount (the full 15% of both IDEA-B Formula and Preschool funds) to provide
comprehensive coordinated early intervening services (CCEIS). These LEAs may use funds reserved for
comprehensive CCEIS to serve children from age 3 through grade 12, who are not currently identified
as needing special education or related services but who need additional academic and behavioral
support to succeed in a general education environment and primarily, but not exclusively, children with
disabilities who are currently identified as needing special education or related services. (See 34 CFR
300.646(d)(2)). An LEA may not limit CCEIS only to children with disabilities (See 34 CFR
300.646(d)(3)). For example, assume an LEA’s data show significant disproportionality in the
identification of African-American students as children with disabilities and that the majority of these
students are identified in 6 of the LEA’s 15 elementary schools. In this case, one appropriate way an
LEA could implement CEIS would be to direct CEIS funds to all children in need of additional academic
or behavioral support in those six schools, particularly, but not exclusively, African-American students
currently identified as needing special education or related services. In this example, the services would
be provided in order to intervene where significant disproportionality was identified. It would not be
allowable, however, for the LEA to limit eligibility for CCEIS only to African-American students with
disabilities in those schools who were in need of additional academic or behavioral support. For more
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information, LEAs are encouraged to view A Comparison of Mandatory Comprehensive Coordinated
Early Intervening Services (CCEIS) and Voluntary Coordinated Early Intervening Services (CEIS).
When final/revised amounts are received, these LEAs that are identified with significant
disproportionality must increase the amount for CCEIS so that it continues to be the full 15% of their
final/revised final amount.
If an LEA voluntarily reserves CEIS funds and then decides it will not spend CEIS funds after all, the
LEA must submit an amendment to zero out the CEIS funds allocated in the application.
All LEAs that reserve CEIS funds are required to submit the Special Education SC5100 CEIS Data
Collection form annually for three years following the use of CEIS funds.

    Special Note: Before accessing IDEA-B Formula and/or Preschool funds for CEIS, consider
    assembling an integrated general and special education program evaluation team to establish
    the need for CEIS, determine how you will identify students needing these services, and develop
    a written plan for implementation.

Activities
In implementing CEIS under 34 CFR 300.226, you may carry out activities that include the following:
 Professional development (which may be provided by entities other than LEAs) for teachers and
  other school staff to enable such personnel to deliver scientifically based academic and behavioral
  interventions, including scientifically based literacy instruction, and where appropriate, instruction
  on the use of adaptive and instructional software. (See Special Note under Data Collection and
  Reporting Requirements.)
        CEIS funds may be used to provide professional development to all personnel who are
        responsible for students who need additional academic and behavioral supports to succeed in a
        general education environment but who have not been identified as needing special education.
        Under limited circumstances, personnel who are solely responsible for students receiving special
        education services or students who do not need additional support may participate in
        professional development funded with CEIS funds. These personnel may participate so long as
        the cost of the professional development does not increase, the quality of the professional
        development does not decrease, and the inclusion of those personnel would not exclude other
        personnel who are responsible for students who need additional support but have not been
        identified as needing special education.
 Provision of educational and behavioral evaluations, services, and supports, including scientifically
  based literacy instruction
 CEIS funds may be used to support response to intervention (RtI), as long as the CEIS funds are
  used for services to nondisabled students in need of additional academic and/or behavioral support
  and supplement, not supplant, other funds used to implement RtI. LEAs must ensure that CEIS
  funds are used to provide services only to students who have not been identified as eligible for
  special education services but need additional academic and/or behavioral support (34 CFR
  300.226[a]).
        For example, one RtI framework may include a three-level continuum of instructional support.
        In this framework, Tier-one applies to all students in a general education setting. It would not be
        appropriate to use CEIS funds for Tier-one activities that support these students, because these
        activities are designed to provide high-quality instruction to the entire class or school and not
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       principally intended to address the additional needs of students who are struggling. Tier-two
       activities provide specialized small-group instruction for students determined to be at risk for
       academic and/or behavioral problems. It would be appropriate to use CEIS funds to support
       these Tier-two activities for these nondisabled, struggling students. Students who have been
       identified with disabilities and receive special education and related services are not eligible for
       activities funded by CEIS. Tier-three includes specialized individualized instructional and/or
       behavioral support for students with intensive needs. As in the case of Tier-two activities, CEIS
       funds could be used for activities that support general education students at risk for academic
       and/or behavioral problems but could not be used for students who are receiving special
       education or related services.
 Provision of behavioral and educational evaluations to determine the supports that are needed by
  students to succeed in a general education environment.
       CEIS funds may not be used for universal screening instruments that are used to screen all
       students. Also, CEIS funds may not be used for evaluations that are intended for use in
       determining eligibility for special education and related services.
       Students who are evaluated to determine the supports necessary for success in a general
       education environment should be counted as receiving CEIS in the year of or the year
       immediately following the evaluation and tracked the following two years.
In implementing CCEIS under 34 CFR 300.646(d), you may carry out the activities listed above using
funds primarily, but not exclusively, for children currently identified as needing special education or
related services ages 3 through grade 12. Additionally, the activities in implementing CCEIS must
address factors and policy, practice, or procedure contributing to significant disproportionality.

Relationship between CEIS, CCEIS and FAPE
CEIS or CCEIS does not limit or create a right to FAPE under IDEA-B or allow agencies to delay
appropriate evaluation of a child suspected of having a disability (34 CFR 300.226[c]).

Data Collection and Reporting Requirements
Each LEA that reserves IDEA-B funds for CEIS or CCEIS must report to TEA on the following:
 The number of children served under 34 CFR 300.226 (CEIS) or 34 CFR 300.646 (CCEIS) who
  received early intervening services (CEIS or CCEIS).
 The number of children served under 34 CFR 300.226 (CEIS) or 34 CFR 300.646 (CCEIS) who
  received early intervening services and subsequently received special education direct and/or
  related services under IDEA-B during the preceding one- or two-year period (i.e., the two years after
  the child has received CEIS or CCEIS).
The LEA must report these counts via the Special Education SC5100 CEIS Data Collection form
associated with the Special Education Consolidated grant application. The deadline to submit the
SC5100 is November 30 or the next business day of each applicable year. You are not in compliance
with grant conditions and requirements if CEIS or CCEIS funds were reserved and the SC5100 form is
not submitted. Grantee Official TEASE access is required in order to certify and submit the SC5100 to
TEA. See the instructions for the SC5100 CEIS Data Collection form.
You are encouraged to develop data collecting and reporting systems to ensure timely and accurate
submission to TEA.

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   Special Note: An LEA should count and track for three years the number of students in need
   of additional support who received instruction from personnel who participated in the
   professional development program. It would not be appropriate to count every student who was
   taught by these personnel if some of the students were not in need of additional support or were
   receiving special education or related services (when implementing CEIS). The LEA should only
   count the qualifying, students served by personnel who participated in the professional
   development program in the years of or the years immediately after the training, rather than
   counting students served by those personnel each year after the training.
   Students who are evaluated to determine the supports necessary for success in a general
   education environment should be counted as receiving CEIS or CCEIS in the year of or the year
   immediately following the evaluation and tracked the following two years.

Use of Data
States are required to report annually to the USDE OSEP on the data elements described in the Data
Collection and Reporting Requirements section as well as the dollar amount reserved by the LEA for
CEIS and CCEIS. TEA will review statewide data on CEIS and CCEIS to determine overall statewide
performance. TEA may also use the data to identify effective or successful programs.
You are encouraged to review the data you collect on an ongoing basis to determine the effectiveness of
your LEA’s early intervention efforts.

Funding Requirements
Optional Use of CEIS Funds: You may use up to 15% of the funding amount received under IDEA-B
(FAR Fund Code 224/313 and/or 225/314) minus local fiscal adjustments (voluntary MOE reduction)
made under Part B regulation 34 CFR 300.205 for CEIS. These CEIS funds may be used in combination
with other funds (including sources other than education funds) which may include interagency
financing structures [Section 613(f)(1)]. Both FAR Fund Codes 224/313 and 225/314 (IDEA-B Formula
and Preschool) may be spent on nondisabled, struggling children grades K through 12. However, the
LEA may not serve preschool children with CEIS funds. Unspent CEIS funds may be reallocated during
the time that the funds are available for obligation. If the LEA reserves the CEIS funds but later
decides not to use the funds, the LEA should submit a Special Education Consolidated
Grant Application amendment to zero out the CEIS funds.
Required Use of CCEIS Funds: If an LEA is identified with significant disproportionality based on
race or ethnicity, the LEA must reserve the maximum amount of funds received under IDEA-B (FAR
Fund Codes 224/313 and 225/314) for CCEIS. The LEA must use 15% of the total IDEA-B funds, both
Formula and Preschool, awarded to it. Both Formula and Preschool funds may be spent on struggling
children, both nondisabled and children with disabilities, age 3 through Grade 12. However, the LEA
may not use CCEIS funds exclusively for children with disabilities.
The funds must be used during the period of their availability for obligation and must be used for
CCEIS regardless of whether the significant disproportionality is resolved during the time that the
funds are available. The LEA may not reduce the amount it uses for this calculation by any other
amount required by the IDEA. For example, an LEA may not deduct proportionate share funds for
students parentally-placed in private schools before calculating the 15%.

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